Outdated Exemption List, Subchapter S - September 9, 1998Synopsis of specific exemptions from air permitting that were in effect on this date.https://www.tceq.texas.gov/permitting/air/permitbyrule/historical_rules/old106list/998/s.htmlhttps://www.tceq.texas.gov/@@site-logo/tceqlogo-3colors.gif

Outdated Exemption List, Subchapter S - September 9, 1998

Synopsis of specific exemptions from air permitting that were in effect on this date.

Equipment used exclusively to mill or grind coatings and
molding compounds where all materials charged are in a paste form
is exempt.

106.432 Dipping Tanks and
Containers (Previously SE 50)

Containers, reservoirs, or tanks used exclusively for dipping
operations for coating objects with oils, waxes, or greases where
no organic solvents, diluents, or thinners are used; or dipping
operations for applying coatings of natural or synthetic resins
which contain no organic solvents are exempt.

106.433 Surface Coat
Facility (Previously SE 75)

Surface coating or stripping facilities, excluding vehicle
repair and refinishing shops, shall meet the following conditions
of this section to be exempt.

(1) This section does not cover metalizing (spraying molten
metal onto a surface to form a coating). However, this section does
cover the use of coatings which contain metallic pigments.

(2) All facilities covered by this section at a site shall
implement good housekeeping procedures to minimize fugitive
emissions, including the following.

(A) All spills shall be cleaned up immediately.

(B) The booth or work area exhaust fans shall be operating
when cleaning spray guns and other equipment.

(C) All new and used coatings and solvents shall be stored in
closed containers. All waste coatings and solvents shall be removed
from the site by an authorized disposal service or disposed of at a
permitted on-site waste management facility.

(3) Drying or curing ovens shall either be electric or meet
the following conditions:

(A) The maximum heat input to any oven must not exceed 40
million British thermal units per hour (Btu/hr).

(B) Heat shall be provided by the combustion of one of the
following: sweet natural gas; liquid petroleum gas; fuel gas
containing no more than 5.0 grains of total sulfur compounds
(calculated as sulfur) per 100 dry standard cubic foot; or Number 2
fuel oil with not more than 0.3% sulfur by weight.

(4) No add-on control equipment shall be used to meet the
emissions limits of this section. The total uncontrolled emissions
from the coating materials (as applied) and cleanup solvents shall
not exceed the following for all operations:

(A) 25 tons per year (tpy) of volatile organic compounds (VOC)
and ten tpy of exempt solvents for all surface coating and
stripping operations covered by section at a site;

(B) 30 pounds per hour (lb/hr) of VOC and 5.0 lb/hr of exempt
solvents for all surface coating and stripping operations covered
by this section at a site;

(C) if emissions are less than 0.25 lb/hr of VOC and/or exempt
solvents, a facility is exempt from the remaining requirements of
this section, including paragraphs (5) - (9) of this section.

(5) Opacity of visible emissions shall not exceed 5.0%.
Compliance shall be determined by the United States Environmental
Protection Agency Method 9 averaged over a six-minute period.

(6) The following conditions apply to surface coating
operations performed indoors, in a booth, or in an enclosed work
area:

(A) no more than six lb/hr of VOC emissions, averaged over any
five-hour period, and 500 pounds per week per booth or enclosed
work area;

(B) minimum face velocity at the intake opening of each booth
or work area is 100 feet per minute (ft/min). Emissions shall be
exhausted through elevated stacks that extend at least 1.5 times
the building height above ground level. All stacks shall discharge
vertically; rain protection shall not restrict or obstruct vertical
flow;

(C) for spraying operations, emissions of particulate matter
must be controlled using either a water wash system or a dry filter
system with a 95% removal efficiency as documented by the
manufacturer. The face velocity at the filter shall not exceed 250
ft/min or that specified by the filter manufacturer, whichever is
less. Filters shall be replaced whenever the pressure drop across
the filter no longer meets the manufacturer's recommendation.

(7) For surface coating operations that are performed outdoors
or in a non-enclosed work area, or for indoor operations that do
not meet the conditions of paragraph (6) of this section, the
following conditions apply.

(A) No more than six lb/hr of VOC emissions, averaged over any
five-hour period, and 500 pounds per week shall be emitted at any
time for all operations authorized by this paragraph.

(B) If coatings applied with spray equipment contain more than
0.1% by weight of chromates, lead, cadmium, selenium, strontium, or
cobalt, then total VOC emissions shall be further limited to 240
pounds per week and 2,000 pounds per year. If coatings are applied
with non-spray equipment (such as brushes, rollers, dipping or flow
coating), the additional restrictions in this paragraph do not
apply.

(C) Coating operations shall be conducted at least 50 feet
from the property line and at least 250 feet from any recreational
area, residence, or other structure not occupied or used solely by
the owner or operator of the facility or the owner of the property
upon which the facility is located.

(D) Before construction of the facility begins, written site
approval shall be received from the appropriate regional office of
the commission or any local program having jurisdiction.

(8) The following records shall be maintained at the plant
site for the most recent 24 months and be made immediately
available to the commission or any pollution control agency with
jurisdiction:

"Classic" or "Antique" vehicle restoration facilities (the
terms "classic" and "antique" vehicle as determined by the Texas
Department of Public Safety Vehicle Inspection and Registration
Section under Texas Transportation Code, Chapter 502, §
502.274 (concerning Classic Motor Vehicles) or § 502.275
(concerning Certain Antique Vehicles; Offense)) qualify for this
exemption from permitting if all of the following conditions of
this section are met.

(1) All automobile body/chassis abrasive blast cleaning and
coating operations shall be performed in a closed building or
enclosure that is located at least 50 feet away from any property
lines; or the facility shall be located a minimum of 300 feet from
any recreational area or residence not occupied or used solely by
the owner of the facility or the owner of the property upon which
the facility is located, except that structures occupied by
security or watch personnel may be located contiguously.

(2) Total abrasive usage shall be less than 100 pounds per
hour, 500 pounds per day, and five tons per year.

(3) Combined clean-up material and paint usage, including
solvents used for cleaning or thinning purposes, shall be less than
five gallons per day and 100 gallons per year.

(4) All waste coatings, solvents, and spent automotive fluids
shall be stored in covered containers and disposed of properly.

(5) The owner or operator of the restoration facilities shall
maintain daily and annual records in sufficient detail to verify
the usage limits in paragraphs (2) and (3) of this section. These
records shall be maintained for a minimum of two years and made
available at the request of personnel from the commission or any
local pollution control program having jurisdiction.

Body repair and refinishing of motorcycle, passenger car, van,
light truck and heavy truck and other vehicle body parts, bodies,
and cabs is exempt, provided that all the following conditions of
this section are met.

(1) Before construction begins, the facility shall be
registered with the commission's Office of Air Quality in Austin
using Form PI-7-124.

(2) Facilities which satisfy one of the following conditions.

(A) Spray operations that use less than 1/2 pint of coatings
and solvents per hour are exempt from all of the requirements of
this section except for paragraphs (3), (4), (16), and (17) of this
section.

(B) Spray operations that use less than two gallons of
coatings and solvents per week are exempt from all of the
requirements of this section except for paragraphs (3), (4), (8),
(11), (12), (14), (16), and (17) of this section unless additional
controls are specified in 115.421 of this title (relating to
Emission Specifications). Additionally, all overspray emissions
must be vented through a filter system that meets the requirements
of paragraph (7) of this section.

(3) Good housekeeping is practiced: spills are cleaned up as
soon as possible, equipment is maintained according to
manufacturers' instructions, and property is kept clean. In
addition, all waste coatings, solvents, and spent automotive fluids
including, but not limited to, engine oil, gear oil, transmission
fluid, brake fluid, anti-freeze, fresh or waste fuels, and spray
booth filters or water wash sludge are disposed of properly. Prior
to disposal, all liquid waste shall be stored in covered
containers.

(4) There are no visible emissions leaving the property.

(5) All spray coating operations which coat more than nine
square feet (one panel) shall be performed in a totally enclosed
filtered spray booth or totally enclosed filtered spray area with
an air intake area of less than 100 square feet. All spray areas
shall be equipped with a fan that achieves one of the following
requirements:

(A) a flow capacity of at least 10,000 cubic feet per minute;

(B) a face velocity of at least 100 feet per minute.

(6) All spray coating operations which coat less than nine
square feet (one panel) and are not in a totally enclosed booth
shall be performed on or in a dedicated preparation area which
meets the following requirements.

(A) The preparation area ventilation system shall be operating
during spraying, and the exhaust air shall either be vented through
a stack to the atmosphere or the air shall be recirculated back
into the shop through a carbon adsorption system.

(B) If the preparation area is equipped with a carbon
adsorption system, the carbon shall be replaced at the
manufacturer's recommended intervals to minimize solvent emissions.

(C) The preparation area ventilation system shall be equipped
with a filter or filter system to control paint overspray.

(7) All paint booth, spray area, and preparation area
overspray (exhaust) filters or filter systems shall have a
particulate control efficiency of at least 90%.

(8) High transfer efficiency coating application equipment
shall be used, such as high volume low pressure spray guns.
Electrostatic spray guns or other methods, if demonstrated to
provide equivalent or better transfer efficiency are acceptable.

(9) Cleanup emissions shall be minimized by implementing the
following procedures:

(A) spray and other equipment cleanup is totally enclosed
during washing, rinsing, and draining. Non-enclosed cleaners may be
used if the vapor pressure of the cleaning solvent is less than 100
millimeters of mercury at 68 degrees Fahrenheit and the solvent is
directed toward a drain that leads directly to a remote reservoir;

(B) all wash solvents are kept in an enclosed reservoir that
is covered at all times, except when being refilled with fresh
solvents;

(C) all waste solvents and other cleaning materials are kept
in closed containers.

(10) All spray booth spray area, preparation area, and shop
heaters that are not electrically heated must use pipeline quality
natural gas or liquified petroleum gas only and the heaters are
five million British thermal units per hour or smaller. No firing
of waste coatings, solvents, oils, or other automotive fluids shall
be permitted on-site.

(11) All spray booth, spray area, and preparation area stack
heights shall meet the following requirements.

(A) If the stack is located within 200 feet of a building that
is taller than the body shop building, the stack height shall be at
least 1.2 times the height of the tallest building or higher as
measured from ground level.

(B) If the stack is located greater than 200 feet from a
building taller than the body shop building, the stack height shall
be at least 1.2 times the height of the body shop building as
measured from ground level.

(C) If any ground level elevation within 250 feet of the spray
booth stack is greater than the stack height required in
subparagraphs (A) and (B) of this paragraph, this section cannot be
used.

(13) Rain caps, goose neck exhaust, or other stack heads that
would restrict or obstruct vertical discharge of air contaminants
shall not be allowed.

(14) The volatile organic compound (VOC) content limits
specified in 115.421 of this title, concerning automobile and
light-duty truck coatings, shall apply to the facility regardless
of its location.

(15) Definitions of the coating types specified in
subparagraphs (A) - (H) of this paragraph are based on 115.10 of
this title (relating to Definitions), and the VOC content limits
shall be those listed in 115.421 of this title. Shop use of the
coating categories listed in subparagraphs (A) - (H) of this
paragraph in gallons per month shall not be exceeded:

(A) cleanup solvents - 50 gallons per month;

(B) wipe solvents - 50;

(C) precoat - 50;

(D) pretreatment - 50;

(E) sealers - 50;

(F) primers/primer surfacer - 175;

(G) top coats - 320;

(H) specialty coatings - 50.

(16) The following records and reports shall be maintained at
the shop site for a consecutive 24-month period and be made
immediately available upon request of personnel from the commission
or any other air pollution control agency with jurisdiction:

(A) material safety data sheet (MSDS) or other coating data
sheets on paint and solvent systems used during the previous
24-month period or currently in use at the shop. The MSDS or
coating data sheets should clearly indicate the VOC content of the
product and the VOC content of multiple component coatings when
mixed according to manufacturers instructions;

(B) records of monthly coating and solvent purchases (invoices
from suppliers are acceptable);

(C) records of monthly paint and solvent use if purchase
volumes are above the levels specified for any category in
paragraph (15) of this section;

(D) additional records are kept in sufficient detail, if
necessary, to allow an annual emission inventory to be submitted
according to the requirements in 101.10 of this title (relating to
Emissions Inventory Requirements);

(E) records of the United States Environmental Protection
Agency and the commission's Office of Waste Management registration
or identification numbers for each waste generator.

(17) Compliance with the requirements of this section does not
eliminate the requirement to comply with all rules of the
commission, including 101.4 of this title (relating to Nuisance).
The commission may require a facility to cease operation until the
matter is resolved.

(18) After December 31, 1994, the conditions of this exemption
are effective as to facilities in existence prior to the adoption
of this section.